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HB2825 • 2026

fines; fees; assessments; restitution; nonpayment

HB2825 - fines; fees; assessments; restitution; nonpayment

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Chris Lopez, Walt Blackman, Sarah Liguori, Analise Ortiz
Last action
2026-03-09
Official status
Senate second read
Effective date
Not listed

Plain English Breakdown

The official text confirms that while arrest warrants are banned for missed hearings, criminal contempt and potential incarceration remain if the court finds willful refusal to pay.

HB2825: Changes How Courts Handle Unpaid Fines and Restitution

This bill changes court rules for unpaid fines by requiring written notices, stopping arrest warrants for missed hearings on ability to pay, allowing civil default determinations instead of criminal contempt in some cases, and removing the option to jail people solely because they cannot afford payments.

What This Bill Does

  • Requires courts to send a summons to defendants who miss payments so they can appear at a hearing about their ability to pay.
  • Prohibits courts from issuing arrest warrants if a defendant fails to show up for the nonpayment hearing.
  • Allows courts to enter a civil default determination instead of treating missed hearings as criminal contempt when a defendant does not appear.
  • Removes the option for judges to order jail time specifically because a person cannot pay their court-ordered money obligations due to indigence.
  • Requires courts to give defendants a written notice explaining that they can present evidence of financial hardship and will not be jailed solely due to poverty.

Who It Names or Affects

  • Defendants who have been ordered by the court to pay fines, fees, assessments, restitution, or incarceration costs.
  • Courts and judges handling cases involving unpaid monetary obligations from criminal sentences.
  • Prosecuting attorneys and victims entitled to receive restitution payments.

Terms To Know

Civil default determination
A court ruling that a person failed to appear for a nonpayment hearing, which allows the state or victim to use civil collection methods like liens without further court orders.
Contempt
A legal finding that a person disobeyed a court order; under this bill, courts can still find contempt if a defendant willfully refuses to pay despite having the ability to do so.
Restitution
Money ordered by the court to be paid back to victims as part of a criminal sentence.

Limits and Unknowns

  • The bill does not specify an effective date in the provided text.
  • Courts may still order jail time if they find that a defendant willfully failed to pay or intentionally refused to make good faith efforts to obtain money, even though they cannot jail someone solely for inability to pay due to indigence.
  • Defendants can ask courts to set aside a civil default determination only under specific conditions like lack of actual notice, excusable neglect, circumstances beyond control, or if the remedy creates an undue hardship.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: Adopted 1

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Plain English: This amendment requires courts to hold a hearing about whether someone can pay before arresting them for not paying fines or restitution, and it stops arrests if the person misses that specific hearing.

  • Courts must now check if a defendant has the ability to pay before treating nonpayment as contempt of court.
  • Judges are prohibited from issuing arrest warrants if a defendant fails to show up for this new 'ability to pay' hearing.
  • If a person misses the hearing, courts can enter a civil default judgment instead of arresting them.
  • The amendment adds community restitution as an option when someone cannot pay due to financial hardship.
  • The provided text is cut off at the end and does not show the full rules for businesses or enterprises that owe money.
  • Some technical legal terms like 'civil default determination' are used without a simple definition in this specific amendment text.

Plain English: This amendment changes the rules for people who do not pay court fines or restitution by requiring a hearing to check if they can afford to pay before issuing an arrest warrant, and it bans arresting them just for missing that specific hearing.

  • Courts must hold a hearing to determine if a person has the ability to pay missed fines or restitution before treating their nonpayment as contempt of court.
  • Judges are no longer allowed to issue an arrest warrant simply because a defendant fails to appear at this specific 'ability to pay' hearing.
  • If a defendant misses the hearing, courts can enter a civil default determination instead of issuing a criminal arrest warrant.
  • The amendment clarifies that community restitution (community service) is an option for defendants who cannot afford to make payments.
  • The provided text ends abruptly in the middle of Section G, so it does not fully explain how these rules apply when a business or enterprise owes money.
  • Some technical legal terms like 'civil default determination' and specific references to other statutes (like section 13-806) are included but their full details depend on laws outside this text.

Plain English: This amendment changes the rules for people who do not pay court fines or restitution by requiring a hearing to check their ability to pay before they can be arrested and stopping arrests if they miss that specific hearing.

  • Courts must hold a hearing to determine if a person can afford to pay missed fines, fees, or restitution before issuing an arrest warrant for nonpayment.
  • If a defendant fails to show up at this ability-to-pay hearing, the court is not allowed to issue an arrest warrant but may instead make a civil default determination.
  • The amendment clarifies that if a person intentionally refuses to pay despite having money, they can be held in contempt and potentially jailed until paid or ordered to do community service.
  • The provided text is cut off at the end of Section G regarding fines imposed on businesses (enterprises), so the full rules for companies are unknown.
  • Some technical legal terms like 'civil default determination' and specific section references may require further explanation to fully understand all consequences.

Bill History

  1. 2026-03-09 Senate

    Senate second read

  2. 2026-03-05 Senate

    Senate Rules: None

  3. 2026-03-05 Senate

    Senate Judiciary and Elections: DPA

  4. 2026-03-05 Senate

    Senate first read

  5. 2026-02-19 Senate

    Transmitted to Senate

  6. 2026-02-19 House

    House third read passed

  7. 2026-02-18 House

    House committee of the whole

  8. 2026-02-10 House

    House minority caucus

  9. 2026-02-10 House

    House majority caucus

  10. 2026-01-28 House

    House second read

  11. 2026-01-27 House

    House Rules: C&P

  12. 2026-01-27 House

    House Government: DPA

  13. 2026-01-27 House

    House first read

Official Summary Text

HB2825 - 572R - Senate Fact Sheet

Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
H.B. 2825

fines; fees;
assessments; restitution; nonpayment

Purpose

Modifies
procedures and requirements relating to enforcement of default payments by a
defendant of certain court-ordered monetary obligations. Allows the court to
enter a civil determination for nonpayment of monetary obligations and
prohibits the court from issuing an arrest warrant for a defendant who fails to
appear at a hearing on nonpayment.

Background

In addition to
any other remedy provided by law, if a defendant who is sentenced to pay a
fine, a surcharge, a fee, an assessment, incarceration costs or restitution
defaults in such payment or any installment as ordered, the court, on motion of
the prosecuting attorney or on its own motion, must require the defendant to
show cause as to why the defendant's default should not be treated as contempt.
The court may issue a summons or a warrant of arrest for the defendant's
appearance to show cause as outlined. On receipt of a petition and issuance of
an order to show cause, the court has jurisdiction to preserve rights over all
restitution liens entered and perfected.

At any hearing
on an order to show cause the court, prosecuting attorney or a person entitled
to restitution may examine the defendant under oath concerning the defendant's
financial condition, employment, assets and any other matter relating to the
defendant's ability to pay restitution. If the court finds that the defendant
has willfully failed to pay or that the defendant has intentionally refused to
make a good faith effort to obtain the monies required for payment, the court
must find that the default constitutes contempt and the court may: 1) order the
defendant to be incarcerated in the county jail until the outlined monetary
obligation, or a specified portion of the obligation is paid; 2) refer the
defendant for revocation of probation, parole or community supervision; 3)
enter a writ of criminal garnishment; and 4) order the defendant to perform
community restitution. If the court finds that the default was not willful and
that the defendant cannot pay despite good faith efforts to obtain the monies
the court may take any lawful action including: 1) modify the manner in which
the outstanding monetary obligation is to be paid;

2) enter any reasonable order that would assure compliance with the order to
pay; and 3) enter a writ of criminal garnishment (
A.R.S.
� 13-810
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Removes the requirement that the court require a defendant to show cause
as to why the defendant's default on the payment of a fine, surcharge, fee,
assessment, incarceration costs or restitution should not be treated as
contempt.

2.

Requires the court to issue a summons requiring the defendant to appear at
a hearing to determine the defendant's ability to pay a previously ordered
fine, surcharge, fee, assessment, incarceration cost or restitution.

3.

Prohibits the court from issuing a warrant of arrest for a defendant's
failure to appear at a hearing to determine the defendant's ability to pay
monetary obligations as outlined.

4.

Allows the court to enter a civil default determination of nonpayment if
the defendant fails to appear at a hearing for nonpayment.

5.

Removes the requirement that the court find that a defendant's default
constitutes contempt when the court finds that the defendant willfully failed
to pay a monetary obligation as outlined or that the defendant intentionally
refused to make a good faith effort to obtain the monies required for the
payment.

6.

Removes the ability of the court to order the defendant to be
incarcerated in the county jail until the defaulted monetary obligation or a
specified portion of such obligation is paid.

7.

Allows the court to enter an order for a civil enforcement remedy,
rather than a writ of criminal garnishment, against a defendant for the
nonpayment of outlined monetary obligations.

8.

Allows the state or a person entitled to restitution to pursue any civil
collection remedy without further court order on entry of the civil default
determination.

9.

Removes the specification that, if the default is not willful, the
defendant must make sufficient good faith efforts to obtain the monies for
payment of court ordered monetary obligations before the court may take
alternative lawful action.

10.

Includes
ordering the defendant to perform community restitution within the list of
lawful actions that the court may take when the court finds that the defendant
cannot pay defaulted monetary obligations as outlined.

11.

Requires
the court to require an enterprise to show cause as to why a default should not
be treated as contempt, rather than hold the enterprise in contempt for
nonpayment of outlined monetary obligations.

12.

Removes
the specification that the court, on receipt of a petition and issuance of an
order to show cause, has jurisdiction to preserve rights over all entered and
perfected restitution liens as prescribed.

13.

Requires the court, on the
issuance of a summons for a hearing on nonpayment, to provide the defendant
with a written notice, that states in plain language, that:

a)

the purpose of the hearing is to determine whether the defendant has the
present ability to pay and has willfully refused to pay;

b)

the defendant has the right to present evidence of financial hardship,
including any evidence that the court considers for the mitigation of fines and
surcharges; and

c)

no
person may be incarcerated solely because of the person's inability to pay a
fine, surcharge, fee, assessment, restitution or incarceration costs due to
indigence.

14.

Allows
a defendant, against whom a civil default determination has been entered, to
move the court to set aside the determination and any resulting civil
enforcement remedy.

15.

Requires the court to stay
pending enforcement actions if the defendant demonstrates that the defendant:

a)

did not receive actual notice of the hearing on nonpayment;

b)

failed to appear due to excusable neglect or circumstances beyond the
defendant's control; or

c)

is
indigent and the civil enforcement remedy creates an undue hardship on the
defendant or the defendant's legal dependents.�

16.

Prohibits
any monies that are recovered by the state under a valid civil default
determination from being returned to the defendant.

17.

Requires
the court to schedule a new hearing on nonpayment upon setting aside a default
judgment.

18.

Requires
the court to immediately reenter the civil default judgment if the defendant
fails to appear at the newly scheduled hearing after receiving proper notice.

19.

Allows
the state to resume all civil enforcement remedies without further delay if the
court reenters the civil judgment as prescribed.

20.

Prohibits
a defendant from moving to set aside a second default judgment that is entered
within one year of a prior default judgment for the same underlying obligation,
unless the defendant proves by clear and convincing evidence that the second
failure to appear was due to an extraordinary medical emergency or other
catastrophic event.

21.

Specifies
that the establishment of a civil enforcement remedy process may not be
interpreted as limiting the rights and remedies available to victims as
prescribed by the Victims' Bill of Rights under the Arizona Constitution.

22.

Specifies that
civil
enforcement remedy
includes:

a)

restitution liens;

b)

garnishment under a writ of criminal garnishment;

c)

participation in a liability setoff program;

d)

the interception of winnings; and

e)

any
other civil remedy that is authorized by law for the collection of a debt,
judgment or monetary obligation.

23.

Makes
technical and conforming changes.

24.

Becomes
effective on the general effective date.

Amendments Adopted by
Committee

1.

Requires, rather than allows, the court to issue a summons to require a
defendant's appearance at a hearing on the defendant's ability to pay an
outlined monetary obligation.

2.

Specifies that the outlined civil enforcement remedy process may not be
interpreted as limiting the prescribed rights and remedies available to
victims.

House Action
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Senate
Action

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Prepared by Senate Research

June 2, 2026

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Current Bill Text

Read the full stored bill text
HB2825 - 572R - H Ver

House Engrossed

fines; fees;
assessments; restitution; nonpayment

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2825

AN
ACT

AMENDING SECTION 13-810, ARIZONA
REVISED STATUTES; RELATING TO FINES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section
1.
1. Section
13-810, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-810.

Consequences of
nonpayment of fines, surcharges, fees, assessments, restitution or
incarceration costs; civil default determination; definition

A. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, if a defendant who is
sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration
costs defaults in the payment of the fine, surcharge, fee, assessment or
incarceration costs or of any installment as ordered, the court, on motion of
the prosecuting attorney or on its own motion,
shall require the
defendant to show cause why the defendant's default should not be treated as contempt
and
may issue a summons
or a warrant of arrest
for
the defendant's appearance
at a hearing to determine the
defendant's ability to pay the previously ordered fine, surcharge, fee,
assessment or incarceration costs. The court shall not issue a warrant of
arrest for the defendant's failure to appear at this hearing
.

B. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, if a defendant who is
ordered to pay restitution defaults in the payment of the restitution or of any
installment as ordered, the court, on motion of the prosecuting attorney, on
petition of any person entitled to restitution pursuant to a court order or on
its own motion,
shall require the defendant to show cause why the
defendant's default should not be treated as contempt and
may issue a
summons
or a warrant of arrest
for the defendant's
appearance
at a hearing to determine the defendant's ability to
pay the previously ordered restitution.� The court shall not issue a warrant of
arrest for the defendant�s failure to appear at this hearing
.

C. In addition to any other remedy
provided by law, including a writ of execution or other civil enforcement, the
court, on receipt of a petition and issuance of an order to show cause, has jurisdiction
to preserve rights over all restitution liens entered pursuant to section 13-806,
subsection B, and perfected pursuant to section 13-806,
subsection E.

C. If the court orders a hearing for
nonpayment of a fine, a surcharge, a fee, an assessment, restitution or
incarceration costs and the defendant fails to appear, the court shall not
issue a warrant of arrest but may enter a civil default determination of
nonpayment.� On entry of the civil default determination, this state or the
person entitled to restitution may pursue any civil collection remedy without
further court order.

D. At any hearing
on the order to show
cause

for nonpayment of a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs,
the court, the
prosecuting attorney or a person entitled to restitution may examine the
defendant under oath concerning the defendant's financial condition, employment
and assets or on any other matter relating to the defendant's ability to pay
restitution.

E. If the court finds that the defendant has
wilfully failed

the present ability
to pay
a fine, a surcharge, a fee, an assessment, restitution or incarceration costs
or finds that the defendant has intentionally refused to make a good
faith effort to obtain the monies required for the payment
, the court
shall find that the default constitutes contempt and
may do any
of the following:

1. Order the defendant incarcerated in
the county jail until the fine, surcharge, fee, assessment, restitution or
incarceration costs, or a specified part of the fine, surcharge, fee,
assessment, restitution or incarceration costs, is paid.

2.

1.
Refer
the defendant for revocation of probation, parole or community supervision as
authorized by law.

3.

2.
Enter
an order
pursuant to section 13-812. The levy or
execution for the collection of a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs does not discharge a defendant who is
incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution
or incarceration costs until the amount of the fine, surcharge, fee,
assessment, restitution or incarceration costs is collected
for a civil enforcement remedy
.

4.

3.
Order
the defendant to perform community restitution.

F. If the court finds that the
default
is not wilful and that the
defendant cannot pay
despite
sufficient good faith efforts to obtain the monies
, the court may take
any lawful action including:

1. Modify the manner in which the restitution, fine,
surcharge, fee, assessment or incarceration costs are to be paid.

2. Enter any reasonable order that would assure
compliance with the order to pay.

3. Order the defendant to perform
community restitution.

3.

4.
Enter
an order
pursuant to section 13-812. The levy or
execution for the collection of a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs does not discharge a defendant incarcerated
for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration
costs until the amount of the fine, surcharge, fee, assessment, restitution or
incarceration costs is collected

for a civil enforcement
remedy
.

G. If a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs are imposed on an enterprise it is the duty
of the person or persons authorized to make disbursement from the assets of the
enterprise to pay them from those assets
, and their failure to do
so shall be held a contempt unless they make the showing required in subsection
A or B of this section
.
If the person or
persons authorized to make disbursement from the assets of the enterprise fail
to make the payment, the court, on motion of the prosecuting attorney, on
petition of any person entitled to restitution pursuant to a court order or on
its own motion, shall require the defendant to show cause why the defendant's
default should not be treated as contempt.

H. If a defendant is sentenced to pay a fine, a
surcharge, a fee, an assessment, restitution or incarceration costs, the clerk
of the sentencing court, on request, shall make the defendant's payment history
available to the prosecutor, victim, victim's attorney, probation department
and court without cost.

I. On the issuance of a summons for a
hearing under this section, the court shall provide the defendant with a
written notice, in plain language, that states all of the following:

1. That the purpose of the hearing is
to determine whether the defendant has the present ability to pay and has
wilfully refused to pay.

2. That the defendant has the right
to present evidence of financial hardship, including any evidence listed in
section 13-825.

3. That no person may be incarcerated
solely because of the person's inability to pay a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs due to indigence.

J. A defendant against whom a civil
default determination has been entered may move the court to set aside the
determination and any resulting civil enforcement remedy. The court
shall stay pending enforcement actions if the defendant demonstrates that the
defendant did not receive actual notice of the hearing, that the defendant's
failure to appear was due to excusable neglect or circumstances beyond the
defendant's control or that the defendant is indigent and the civil enforcement
remedy creates an undue hardship on the defendant or the defendant's legal
dependents.� If a civil default determination has been entered:

1. Any monies that are recovered by
the state pursuant to a valid civil default determination shall not be returned
to the defendant.

2. On setting aside a default
judgment, the court shall schedule a hearing pursuant to subsection A or B of
this section.

3. If the defendant fails to appear
at the newly scheduled hearing after receiving proper notice, the court shall
immediately reenter the civil default judgment, and the state may resume all
civil enforcement remedies without further delay.

4. A defendant may not move to set
aside a second default judgment that is entered
within
one year of a prior default judgment for the same underlying obligation unless
the defendant proves by clear and convincing evidence that the second failure
to appear was due to an extraordinary medical emergency or other catastrophic
event.

K. For the purposes of this section,
"Civil Enforcement Remedy
" includes
any of the following:

1. Restitution liens pursuant to
section 13-806.

2. Garnishment pursuant to section 13-812.

3. Participation in a liability
setoff program established pursuant to section 42-1122.

4. The interception of winnings
pursuant to Title 5.

5. Any other civil remedy that is
authorized by law for the collection of a debt, judgment or monetary
obligation, whether currently existing or hereafter enacted.

END_STATUTE